back paydamages in lieu of reinstatementtransport allowancevacation leavearbitral award
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the appellant was entitled to back pay for the entire period from dismissal to judgment and if so, for how many months","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant dismissed 11 April 2013, arbitral award 14 February 2014"}
{"issue_text":"Whether transport allowance constitutes a benefit payable as damages where reinstatement is not effected","issue_type":"law","dispositive":"yes","related_facts":"Appellant received $66 monthly transport benefit"}
{"issue_text":"Whether the arbitrator erred in awarding only 15 days vacation leave instead of full accumulated leave","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant completed first year of employment, section 14A Labour Act"}
{"issue_text":"Whether the arbitrator should have granted the full claim in the absence of respondent's opposition","issue_type":"procedural","dispositive":"no","related_facts":"Respondent failed to attend quantification hearing"}
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background
Facts of the Case
Background
The appellant appealed against an arbitral award that had granted him limited damages for unfair dismissal, challenging the quantification of back pay, transport allowance, and vacation leave benefits.
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